Barclaycard PPI and CMC

Penny68

Hi, in 2015 I used a CMC company to do my PPI search and claims. This included Barclaycard of which I provided the account details for. The claim was rejected by Barclaycard.


3 weeks ago I received a letter from Barclaycard, via DWP tracing service (I haven't moved!!) stating that they have since found another card that was linked to the other account, that did have a PPI policy.


I called Barclaycard and confirmed all my details and they sent the forms for me to complete. This account goes back to 1995 and one I would never have remembered.


At this point the CMC was not used to trace me or make the claim. However over the last week the CMC has been making contact as I assume Barclaycard have since contacted them. I don't know why they hadn't gone that route in the first place unless it was a GDPR issue.


My questions are... Am I still liable to pay the CMC for any claim I receive?
If Barclaycard used DWP to trace me why didn't they put the claim directly to the CMC?
Is there a GDPR issue?


Obviously I am very please that I have a claim but really don't want to pay the CMC unless I really have to seeing as I have done all the work..


Many thanks in advance

Penny68

Thank you, you have to ask these things. I am very happy to receive a claim (hopefully) and will begrudgingly hand a fair chunk over!!

[Deleted User]

If the Claim Company closed the case more than six months ago then you do NOT have to pay them. I'd be challenging this...

The_squirrell

Absolutely agree with the above post !:T
I deleted my initial reply.....apologies as I had not noticed the original date!

Penny68

Oh wow, fab guys. Thank you so much

[Deleted User]

Penny68 wrote: »

Oh wow, fab guys.

Complain to the firm that they should not be billing you four years after the original case was closed. If you get no satisfactory result from this complaint, you can then refer it to the Ombudsman. Under no circumstances should you pay anything during the complaint process. Do not be intimidated by 'phone calls or letters demanding payment.

jaybeetoo

I’m not so sure about the advice given above. If you used a CMC company to contact Barclays and Barclays have only just admitted your claim, I think the CMC company have a right to ask for their commission. From what I understand from you post, you would not have received the PPI compensation without the CMC company.

SonOf

The contract with the CMC is deemed to have ended when the CMC says the case is closed. There is broadly a 6 month period after where it can be reactivated in case of errors. However, after that, a new letter of authority is required by the CMC to act on new cases.

So, as the other posts have said, you should raise a complaint to the CMC saying they have no contract with you on this particular case and have no right to demand money from you. If they reject the complaint, you can refer it to the FOS. The FOS are currently upholding nearly half of complaints against CMCs.

The above posts are based on the ministry of justice guidance published in 2014 about banks changing their mind or finding new information after the CMC closed the case.

[Deleted User]

jaybeetoo wrote: »

I think the CMC company have a right to ask for their commission.

Please do not post such mis-information. The OP simply does not have to pay the Claim Company four years after they closed the original complaint.

Any demands for payment from the CMC should therefore be refused, with recourse to the Ombudsman if required.

Penny68

Hi,


many thanks for all the responses. As yet I have been ignoring the calls, as they probably just want to go through the claim process with me, of which I have already done. I am pretty sure I have a claim as the PPI was taken out when I was a stay at home mum and not in employment. I have been holding off until they send me more than a 'good news' text or email.


Can I go back to Barclaycard and complain that they have contacted CMC with out any new authority to do so? I don't see how Barclaycard have any future right to inform the CMC of any claim amount I maybe due.


Thanks again

[Deleted User]

Penny68 wrote: »

Can I go back to Barclaycard and complain that they have contacted CMC with out any new authority to do so? I don't see how Barclaycard have any future right to inform the CMC of any claim amount I maybe due.

The Bank have acted correctly.

Any payment dispute complaint you might make would be only to the CMC as already detailed.